Bradken Resources Pty Ltd

Case

[2019] FWCA 6839

3 OCTOBER 2019


[2019] FWCA 6839

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Bradken Resources Pty Ltd

(AG2019/3493)

Bradken Wodonga Enterprise Agreement 2019

Manufacturing and associated industries

Commissioner Harper-Greenwell

MELBOURNE, 3 OCTOBER 2019

Application for approval of the Bradken Wodonga Enterprise Agreement 2019.

  1. An application has been made for approval of an enterprise agreement known as the Bradken Wodonga Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bradken Resources Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement lodged contains cross-referencing errors at clause 13.1 and 13.8. I am satisfied that the reference to “16.3(iii) and (iv)” at clause 13.1 should be corrected to “15.2(iii) and (iv)” and that the reference to “14.5(iii)” at clause 13.8 should be corrected to “13.5(iii)”, and that it is appropriate to do so pursuant to s.586 of the Act.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement was approved on 3 October 2019 and, in accordance with s.54, will operate from 10 October 2019. The nominal expiry date of the Agreement is 23 August 2022.

COMMISSIONER

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